Attorney General Ashley Moody and Congressman Bill Posey announced legislative efforts to give states more authority to combat illegal immigration.

Florida AG Moody And Rep. Posey Announce Legislation Giving States Ability To Enforce Immigration Laws

Attorney General Ashley Moody and Congressman Bill Posey announced legislative efforts to give states more authority to combat illegal immigration.

Attorney General Ashley Moody and Congressman Bill Posey announced legislative efforts to give states more authority to combat illegal immigration.

The congressional legislation, H.R. 7413, would allow state officials to demand the secretary of the Department of Homeland Security enforce federal immigration law in certain circumstances. DHS will then have the option to either enforce the law or deputize state officials to carry out the federal immigration duties.

The bill comes just days after President Joe Biden announced the termination of Title 42, a pandemic-era rule that allows border agents to quickly expel migrants attempting to enter the U.S. who traveled from a country where a communicable disease is present.

DHS estimates that there might already be 25,000 migrants waiting in shelters just south of the border for Title 42 to come to an end.

There are also projections that customs and border patrol agents could see up to 18,000 migrants a day after the removal of the policy.

Attorney General Ashley Moody said, “In less than a year and a half, the Biden administration has obliterated our southwest border and it’s about to get even worse as the president prepares to end Title 42. We can no longer trust this administration to enforce the law. It is time for swift action to protect the American people. That is why, Representative Posey and I are taking this matter to Congress and asking the legislative branch to let the states protect our citizens by enforcing public-safety immigration laws when Biden won’t.”

Under H.R. 7413, the Immigration and Enforcement Partnership Act of 2022, if a state attorney general finds that DHS is not adequately fulfilling the non-discretionary duties under title II of the Immigration and Nationality Act, the attorney general may request in writing that the DHS secretary do so.

Such duties include the arrest, detention and removal of criminal and arriving aliens. No later than 30 days after receiving a request, the secretary shall either ensure that the duties are adequately fulfilled by officers and employees of the DHS, or authorize state officials to enforce federal immigration law.

If the secretary does not comply, the attorney general may file a civil action to enforce these requirements. The bill also requires the courts to expedite proceedings on such action to the greatest extent practicable.

Congressman Bill Posey said, “Maintaining operational control over our nation’s borders is critical to our security and our ability to stop human traffickers, drug smugglers, and other violent criminals and terrorists who mean to do our communities harm. When the federal government abdicates its role in protecting our nation’s borders and refuses to enforce immigration laws allowing millions of people to illegally cross into our country states should have authority to protect their citizens.”

Under H.R. 7413, the Immigration and Enforcement Partnership Act of 2022, if a state attorney general finds that DHS is not adequately fulfilling the non-discretionary duties under title II of the Immigration and Nationality Act, the attorney general may request in writing that the DHS secretary do so. Such duties include the arrest, detention, and removal of criminal and arriving aliens.

No later than 30 days after receiving a request, the secretary shall either ensure that the duties are adequately fulfilled by officers and employees of the DHS, or authorize state officials to enforce federal immigration law.

If the secretary does not comply, the attorney general may file a civil action to enforce these requirements. The bill also requires the courts to expedite proceedings on such action to the greatest extent practicable.

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